On December 11, the Florida county of St. Lucie conceded in a settlement that they will not enforce Florida’s ban on open carry of firearms, and that the open carry of firearms is “covered by” and “presumptively protected” by the plain text of the Second Amendment.
The settlement comes out of an August 2024 case (originally known as GOA v. Pearson) brought by Gun Owners of America against the Sheriff of Lucie County, challenging Section 790.053(1), the Florida statute banning open carry of firearms. The case called Gun Owners of America v. Del Toro (changed to reflect the new Sheriff), was settled and dismissed, with the defendants agreeing to payment of attorneys’ fees and costs.
The settlement statement acknowledges America’s long-standing tradition of openly carrying firearms and provides a positive precedent to that effect:
Florida’s open carry ban under Section 790.053(1) is incompatible with the Second Amendment, as no historical tradition supports such a restriction, and that, to the contrary, history confirms that the right to bear arms in public necessarily includes the right to do so openly, and that Florida law enforcement agencies must conform their practices to that constitutional standard; and That Defendants will not enforce, or cause to be enforced, Fla. Stat. Section 790.053(1).
John Velleco, Executive Vice President of Gun Owners Foundation, stated in a related press release:
Gun Owners of America has fought for open carry in Florida for years, forcing the issue into the political spotlight where it could no longer be ignored. Florida claimed to be the freest state in the nation – yet it banned something as basic as open carry. That’s exactly why GOA takes these fights and why we win them. We never give up. Our motto is simple: No Compromise.
Luis Valdes, Florida State Director of Gun Owners of America, added:
This is a major victory for Florida’s gun owners. After decades under Janet Reno’s 1987 open-carry ban, Floridians can finally exercise their Second Amendment rights without fear that a briefly exposed firearm could lead to criminal charges. This settlement moves Florida closer to earning its ‘Gunshine State’ reputation.
Earlier this year in September, a Florida appeals court struck down the state’s ban on open carry of firearms for self-defense.
However, Florida continues to uphold a concerning number of anti-Second Amendment measures, including a challenged three-day waiting period to take possession of a firearm, and a challenged ban on all firearms for young adults, which is being petitioned to the Supreme Court.
